HB 2498 H JUD AM 2-22 #1
The Committee on the Judiciary moves to amend the bill on page
one, following the enacting section, by striking out the remainder
of the bill and inserting lieu thereof the following language:
"ARTICLE 2. GRAND JURIES.§52-2-15. Secrecy of Grand Jury Proceedings.
_____(a) A grand juror, an interpreter, a stenographer, an operator
of a recording device, a typist who transcribes recorded testimony,
an attorney for the state, or any person to whom disclosure is made
under paragraph (B), subdivision (1), subsection(c), shall not
disclose matters occurring before the grand jury, except as
otherwise provided by subsection (c) and rules promulgated by the
Supreme Court of Appeals.
_____(b) A person who knowingly violates subsection (a) is guilty
of a misdemeanor and, upon conviction, shall be fined not more than
$1,000 or confined in jail not more than thirty days, or both fined
and confined.
_____(c) (1) Disclosure otherwise prohibited by this section of
matters occurring before the grand jury, other than its
deliberations and the vote of any grand juror, may be made to:
_____(A) An attorney for the state for use in the performance of
such attorney's duty; and
_____(B) Such official personnel as are deemed necessary by an
attorney for the state to assist an attorney for the state in the
performance of such attorney's duty to enforce criminal law.
_____(2) Disclosure otherwise prohibited by this section of matters occurring before the grand jury may also be made:
_____(A) when so directed by a court preliminarily to or in
connection with a judicial proceeding;
_____(B) when permitted by a court at the request of the defendant,
upon a showing that grounds may exist for a motion to dismiss the
indictment because of matters occurring before the grand jury;
_____(C) when the disclosure is made by an attorney for the state
to another grand jury; or
_____(D) when permitted by a court at the request of an attorney
for the state, upon a showing that such matters may disclose a
violation of federal criminal law or of the law of another state,
to an appropriate official of the federal government or of such
other state for the purposes of enforcing such law."